Other conditions decisions — 2018

The Veteran's tongue cancer was not shown to have had its onset in service or within one year of service, nor is it linked to active military service. The Board denied the claim for service connection.

The Board has determined that the Appellant is not considered the Veteran's surviving spouse for VA purposes and therefore, she is not eligible to receive DIC benefits. The case must be remanded to clarify whether the Veteran and the Appellant were divorced in November 2008.

The Veteran's son, J.C., Jr., was found to be permanently incapable of self-support prior to the age of 18 due to his disabilities. The Board granted recognition as a helpless child based on this finding.

The Board has found that there was not substantial compliance with the October 2014 remand directives and thus requires another remand for further development of the Veteran's records, including obtaining private treatment records and a VA examination to address whether any current hip disorder is related to service.

The Board has remanded the case due to conflicting findings in a previous VA examination and an unclear nexus opinion. The Veteran's shortness of breath and difficulty breathing are being examined again for possible service connection.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for residuals of burning injury to the eyes. However, the preponderance of the evidence does not support a finding that any current eye disability is related to service.

The Veteran received emergency medical treatment for intoxication at a private hospital. The decision grants payment or reimbursement as the nearest VA facility was not feasibly available and delay in seeking immediate medical attention would have been hazardous to his health.

The Veteran died from respiratory arrest and cardiac arrest. The Board found no evidence of arteriosclerotic heart disease at the time of his death, and thus denied service connection for the cause of death.

The Board has remanded the Veteran's claims for service connection for syncope and initial compensable evaluation for skin rash due to outstanding VA treatment records, a need for additional examinations, and other pending issues.

The Board denied the claim for an earlier effective date for adding the Veteran's spouse as a dependent, finding that the earliest possible effective date is April 1, 2012, which was the first day of the month following his increased disability rating.

The Board has decided to remand the case due to a need for additional information regarding the Veteran's residence status and supporting documentation.

The Board has remanded the case due to an inadequate November 2015 VA examiner's opinion and a need for a new VA opinion addressing the etiology of the Veteran’s claimed residuals of an eye injury.

The Board has remanded the claims of service connection for a dental disability and VA outpatient dental treatment due to the Veteran's request for additional evidence, including a video from his in-service surgery.

The Board denied the claim for an earlier effective date for service connection of the cause of the Veteran's death due to astrocytoma, finding that the appellant did not qualify as a Nehmer class member and thus, the regulations of 38 C.F.R. § 3.400 apply.

The Board denied the Veteran's claim for service connection for atrial fibrillation as secondary to posttraumatic stress disorder, finding insufficient evidence of a causal link between the two conditions.

The Veteran's service-connected panic disorder without agoraphobia is rated at 70 percent, which reflects the severity of her symptoms. The Board found that she does not meet the criteria for a higher rating as there is no evidence of total social and occupational impairment.

The Board has remanded the case for further examination and evaluation of the Veteran's back disability, as the current VA examination did not adequately assess functional impairment during flare-ups or after repeated use.

The Veteran's hip disabilities have not met the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's service-connected compensation benefits were granted for his spouse, D, effective September 11, 2014. The appeal regarding the removal of a dependent spouse, L, from the payment of VA compensation benefits is denied.

The Veteran's right-hand strain is currently rated as noncompensably disabling. The Board has granted a compensable rating of 10 percent under Diagnostic Code 5307 for moderate impairment of the muscles involved in flexion of the wrist and fingers.